The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-07-21

To the Mayor and City council OF the City OF
We will publish in the Emporia Daily
REPUBLICAN and in the EmpOria Daily
News for one year from the 1st day of
| August, 1887, the proceedings, ordinan-
ces, proclamatiOnS of the Mayor and all
other matter ordered published, at half
| legal rates for matter required by law
1 to be published, the REPUBLICAN to be
considered the official paper of the city.
G. V. EsKRIDGE, Proprietor REPUBLI-1
CAN.
CHARLES HARRIS, Manager News.
Spencer moved that the contract be
awarded to Jacob Stotler.
Mccain moved as a substitute that
the bid of G. V. Eskridge and Chas.
Harris be accepted.
The substitute was adopted by the
following vote:
Aye = Smith, Mccain, McCown,
Hyde, Tytherleigh.
Nay-Spencer, Phillips, Wells.
Mr.. Wells was excused.
Bids for doors and frames for furnace
for boiler for the waterworks were
read from Jos. c. Jones & Sons, EN-
poria; Capital Iron Works, Topeka;
Keystone Iron Works Company, Kan
sas City, Mo.
On motion bid of J. G. Jones s. Sons
was accepted.
| by Holly Manufacturing Company for
masonry for boiler room by reason of
change in plan of building, was re-
ferred to Committee on Waterworks,
with power to act.
The following report of the Commit
tee on Claims on bill of w. T. Soden
was adopted:
Your Committee on Claims has had under
consideration the following bill:
EMPoRLA, Kas., July 2, 1887.
City of Emporia to w. 7. SodeD, Dr.:
To 1905, Three Hundred and Five dollars for
use of water for May and June, 1887, in &C,
the City of Emporia, dated September 5, 1881,
and signed by the Mayor and Clerk {, Co.
And beg leave to report as follows:
1t seems that previous to September5 5, 1881,
w. T. SOden had procured a perpetual in
using the water in question. On the day last
| aforesaid SOden and the City entered into
| therein agreed that if said waterworks are
poria shall be liable to pay said w. 4. Soden
for .he use OF the water thereby taken at the
after that said waterworks remain
It seems to be common history that neither
there long, and so early as January 10, 1852,
the City employed counsel to take steps "to
condemn and purchase the necessary land on
The sentiment of the City being divided as to
eouitabie terms. the CITY Council February 3.
1872, offered Mr.. Soden $4,000 q year and that
with the City Clerk his acceptance of the
On February 10 MI. soden filed his declination
tee and such: committee was appointed and to
that committee Mr. S0den submitted as the
basis of another contract and to take the
proposition:
To the Committee on waterworks:
Gentlemen-I will make You the following
offers, either offer if accepted, for the term of
1--WE years:
Commercial Street to my mill to be used for
fire purposes, and in of fire to have the
| for fire purposes, TO pay for all other water
taken IN house or gardens
Sd. No charge for water when plenty, but
when scarce or low, pay actosi loss OF dam,
low when not enough to run machinery all
full.
use what water she may need for all Pnr-
poses, SO far as ] am concerned. This offer
open for ten days Yours ResPec e fully:
This was acted on by the City Council March
| :, 1852, and they accepted Mr.. SOden's first
proposition. 1t will be apparent that Mr..
Soden Is daily and hourly enjoying just what
he and the city agreed on for i've years. Since
the expiration of that Eve years he has all the
benefits which he had during that time Your
committee, after consulting with the City
Attorney, are of the opinion that the contract
of Sept. ;, 1881, Is not in force. IL the city
owes Mr.. SOden anything for water, IL
is what he is damaged by de-
crease, and he owes the city for bene-
fits he receives unless, as ts
probable, any court would conclude that both
Soden and the city intended upon the accept
ance of that first proposition that dement's and
damages were even.
If that pipe ru Is to Soden'S property. snd
the IRE protection thereby vOuchsafed be not
compensation, then the city can take il up,
and pay Mr.. Soden what the use OF the water
is reasonably worth to hiEn-
AS additional history in this matter, we
would say that on June ]. 1885. committee
consisting OF Messrs. Walkup, Thatcher and
Mccain were appointed by the Council Ito
confer with Mr.. Soden 60 see IL arrangements
cannot be made satisfactorily 70 the city in re-
gard to the Emporia City Waterworks.
On August II, 1855. Mr.. Walkup made the fol-
wATERwORkS.
II. The time Is near at hand when the lease |
which the city has with Mr.. W. 9: Soden of |
the right TO use water from his mill dam viii i
expire, al which time the city Is 1t the mercy i
Of Mr.. S0den, and on his motion It any time,
the Injunction obtained In the District Court
could be enforced and the city BE- without any